Shnier v. Begum: Divisional Court Upholds LTB Eviction Order
Divisional Court upholds LTB eviction order, rejecting tenant's claims of lease renewal rights and procedural unfairness
Summarized by RentZenLast updated: August 16, 2024
Case Summary
162 Banbury Road, North York, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2022
Hearing Date
Sep 2023
Order Date
Oct 3, 2023
Dispute Summary
The landlord served an N12 notice to evict the tenant for personal use. The tenant argued that he had the right to unilaterally renew the lease based on a renewal clause. The LTB ruled in favor of the landlord, terminating the tenancy. The tenant appealed to the Divisional Court, arguing errors in the LTB's interpretation of the lease and procedural fairness issues.
Determinations
- LTB correctly interpreted the lease renewal clause
- No procedural fairness issues in LTB review process
- Tenant's appeal dismissed
Case Study
The court found no errors in law in the LTB's interpretation of the lease renewal clause or in its procedural fairness. The court upheld the LTB's decision, finding that the renewal clause was permissive, not mandatory, and that the LTB's reasons on review were adequate.
Arguments and Actions
Landlord
Arguments
The landlord argued that the lease renewal clause was permissive, not mandatory, and that she had the right to terminate the tenancy for personal use.
Actions
The landlord served an N12 notice to evict the tenant for personal use on August 12, 2021.
Tenant
Arguments
The tenant claimed that the LTB erred in interpreting the lease renewal clause and denied procedural fairness in the review process.
Actions
The tenant argued that he had the right to unilaterally renew the lease based on the renewal clause in the lease agreement.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision. The court found no errors in law in the LTB's interpretation of the lease renewal clause or in its procedural fairness. The LTB's decision to terminate the tenancy for the landlord's personal use was upheld.
Adjudicator Details
Ontario Superior Court of Justice
Total Orders
3
Landlord Favorable
33.3%
Tenant Favorable
66.7%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$4,400
Source
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